How and when to convene Parliament


IT amazes me that de facto law minister Takiyuddin Hassan should say that the Yang Di-Pertuan Agong (the king) yesterday decreed Parliament should meet but did not say when it should meet. He was reported to have said:

“The king did not specify which month the sitting should be held. He only said as soon as possible.” 

It looks like a child’s play on words.

Remember as a child, when mum told us to do something and we told ourselves that mum did not specify when but only said “as soon as possible”?

The king’s choice of words was careful and deliberate. His Majesty knows that he is a constitutional monarch who acts on advice. His Majesty knows what it takes to reconvene Parliament. It cannot be immediate. It cannot be specified exactly when, for now at least.

He must first promulgate an Emergency (Essential Powers) (Amendment) Ordinance 2021 (Ordinance No. 1) that removes or deletes sections 14 and 15 of the Emergency (Essential Powers) Ordinance 2021 and have the amendments gazetted. 

Now, Parliament was last adjourned on December 17 last year, as opposed to being prorogue – the latter is by proclamation and there seems to be no proclamation to that effect. It was in fact adjourned to March 8 as published on Parliament’s website before the date was removed following section 14 of Ordinance No. 1.

The Dewan Rakyat Standing Orders (DRSO) No. 11(2) requires the leader or deputy of the House – the leader being the prime minister – to determine at least 28 days before reconvening the Dewan Rakyat, i.e. the dates on which the Dewan Rakyat shall next meet after section 14 of Ordinance No. 1 is removed. The prime minister may vary the dates to meet.

Even so, if the prime minister represents to the speaker that the public interest requires that the Dewan Rakyat should meet at an earlier date, the speaker must give notice forthwith and the Dewan Rakyat must meet at the time stated in such notice. The business set down for that day shall be appointed by the prime minister and notice thereof must be circulated not later than the time of meeting [DRSO No. 11(3)].

What is particularly important is, after the deletion of section 14 of Ordinance No. 1, the Standing Orders Committee (SOC) of the Dewan Rakyat can meet to consider and deliberate on amendments, if necessary, to the DRSO to allow for hybrid proceedings. The chairperson of the SOC is the speaker and there will be no reason to say that the speaker’s hands are tied in calling for the SOC to meet.

The speaker can wait for the prime minister to give the go-ahead for a date to be fixed for Parliament to meet. But he does not have to wait for the prime minister to call for a meeting of the SOC once section 14 of Ordinance No. 1 is deleted.

Takiyuddin is right that the DRSO needs to be looked at if amendments are necessary. This is the job for the SOC – it does not require Superman.

So, let’s delete sections 14 and 15 of Ordinance No. 1. With respect, it can be done immediately, not as soon as possible, following which notice of the much-awaited sitting of Parliament can be issued – 28-day notice, if not earlier.

In the meantime, the SOC can meet.

As soon as possible need not be, as Takiyuddin said, September or October. September is not soon when a 28-day notice, if not earlier, can be issued immediately after section 14 of Ordinance No. 1 is deleted, which can be immediate as well.

The how and when Parliament can reconvene as soon as possible has been explained above.

What say the minister?

By the way, it can be seen that the speaker does not figure in the narrative leading to the deletion of section 14 of Ordinance No. 1 – rightly so. But surely, he can lend his thoughts and offer his opinions – not advice, to be sure. Like he did as Art Harun in “The Art of the Matter”.

Or like the former House of Commons (UK) speaker John Bercow who spoke out on British prime minister Boris Johnson’s intention to prorogue the British Parliament, among others.

It is said that the role of speaker has changed considerably over time. With Parliament at the heart of the country’s system of representative democracy, there is a role for the speaker to speak, if not articulate, on the role and work of both Houses of Parliament (Dewan Rakyat and Dewan Negara).

Is there anyone better to take on that role than Azhar Azizan Harun?

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.


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Comments


  • Looks like our political leaders do not have the people at heart, it's plain self serving to their power hungry lust. Democratic nation needs Parliament to convene unless these new government has other agenda on the table. If these leaders feels their foothold is threaten, then face the people who voted em for a mandate. Be a man unless ........GOD save my country. I'm Malaysian 1st period unlike some who says this and that 2nd. Foolish to divide and distance oneself in a multiracial country.....

    Posted 2 years ago by Crishan Veera · Reply